Reformation In Contract Law
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FAQ
Reformation in contract law is a legal remedy in which the court rewrites the contract to ensure both parties' true intentions are reflected. This is an alternative to equitable remedies, such as monetary damages. In a breach of contract case, the injured party often must choose between an equitable and legal remedy.
Primary tabs. Reformation is a court's equitable power to modify a contract to reflect the parties' true intent where some error has been committed. Courts require plaintiffs seeking to reform a contract to prove certain elements, however.
Reformation is a civil claim brought in a lawsuit. With reformation, a judge formally orders a correction to the contract. The judge might add, delete, or re-word the language of the contract. Once corrected, the judge and the parties can then analyze whether a party has breached the contract.
If the contract is void or voidable, due to reasons like duress or fraud, then reformation may not be available to the parties.
Rescission and Reformation The party seeking rescission will request the contract to be set aside due to mistakes or fraud. Reformation is done for the same reason. The difference between, rescission and reformation, is that in the later, the injured party seeks for a rewriting of the contract to correct the mistakes.
